Unit 6 - Judicial Branch

Question 1

established the court system

Answer 1

Article III

Question 2

established the rights at a trial

Answer 2

6 Amendment

Question 3

established the rights to a jury trial

Answer 3

7 Amendment

Question 4

established jurisdiction

Answer 4

11 Amendment

Question 5

Article III

Answer 5

the court system is established

Question 6

6th Amendment

Answer 6

rights at a trial

Question 7

7th Amendment

Answer 7

right to a jury trial

Question 8

11th Amendment

Answer 8

jurisdctino (2 people in different states are suing each other: it goes to federal court

Question 9

federal setup

Answer 9

1) Supreme Court
2) Court of Appeals (13 circuit courts)
3) District Courts (94 district courts)

Question 10

types of jurisdiction

Answer 10

original and appellate

Question 11

original jurisdiction

Answer 11

initial hearing of a court case

Question 12

appellate jurisdiction

Answer 12

review of a lower court hearing

Question 13

justices

Answer 13

• no job requirements for federal judges

- most are appointed for life

Question 14

number of SC justices

Answer 14

9

Question 15

number of appeals justices

Answer 15

approximately 150

Question 16

number of district judges

Answer 16

approximately 650

Question 17

appointment process of justicies

Answer 17

1) President nomination

2) Senate confirmation (majority required)

Question 18

removal process of a justices

Answer 18

• impeachment
• resignation
• death

Question 19

Attorney General

Answer 19

secretary of the Department of Justice (nation’s top lawyer)

Question 20

Solicitor General

Answer 20

represents the government before the Supreme Court

Question 21

US Attorney

Answer 21

prosecutes people charged with federal crimes

Question 22

US Marshals

Answer 22

make arrests in federal cases

Question 23

arrest

Answer 23

• without a warrant,police must have sufficient facts to convince a reasonable person that a crime has been commietted to make an arrest
• with a warrant: a)based on probable cause b)warrant attained from a judge
• Miranda Rights must be applied

Question 24

Preliminary hearings

Answer 24

informal hearing before a judge to determine if sufficient evidence exists to have a suspect bound over for trial (should there be a trial and if yes, what is bail?)

Question 25

8th Amendment

Answer 25

bail cannot be excessive

Question 26

situations bail can be denied

Answer 26

- first degree murder (risk to self/community) | - "poor risk" of returning for trial

Question 27

Grand Jury

Answer 27

- 5th Amendment right | - generally composed of 23 members

Question 28

functions of a Grand Jury

Answer 28

- determines whether a crime was committed - determines whether, based on evidence, the suspect could have committed the crime - 12 members (majority) must agree to return an indictment (formal accusation)

Question 29

arraignment

Answer 29

bringing the accused before the judge to be formally charged

Question 30

plea

Answer 30

accused may plead guilty, not guilty, or no contest ("I didn't do it, but the evidence is overwhelmingly against me so take pity on me judge")

Question 31

6th Amendment

Answer 31

guarantees a public and speedy trial, right to confront accusers, right to call witnesses on your behalf, and right to know the charges youve been accused of

Question 32

what constitutes a jury?

Answer 32

12 peoples

Question 33

verdict

Answer 33

- requires a unanimous voice - not guilty: defendent goes free - guilty: beyond a reasonable doubt standard - mistrial jury gives no verdict; prosecutor can decide to drop the case or try again

Question 34

sentencing

Answer 34

done by the judge expt in cases of murder and rape where the jury determines the sentence

Question 35

appeal

Answer 35

a person is not satisfied with the justice the court has dispensed may attempt to correct the situation

Question 36

Appeals court

Answer 36

Consists of 3 judges

Question 37

Actions of appeals court

Answer 37

1) affirm (uphold courts original decisions 2) reverse (nullify trial court results, go home) 3) remanded (sent back to trial court to be redone)

Question 38

Civil trial

Answer 38

Legal action between and individual/company (suing)

Question 39

Plaintiff

Answer 39

Person/company initiating an action in the legal process

Question 40

Defendant

Answer 40

Person/company being sued

Question 41

Trial process

Answer 41

1. Complaint files 2. Complaint answered 3. Discovery 4. Pretrial motions 5. Trial 6. Judgement

Question 42

Complaint files

Answer 42

Plaintiff files complaint detailing the injury suffered, negligence of defendant, and courts remedy ($)

Question 43

Complaint answered

Answer 43

Defendant has opportunity to legally respond to accusations

Question 44

Discovery

Answer 44

Attempt to establish all facts of events before the event; deposition taken

Question 45

Deposition

Answer 45

Statements of all witnesses and parties involved in trial

Question 46

Prerial motions

Answer 46

- Establishment of who will hear trial; jury or judge (always jury) - summary judgement

Question 47

Summary judgement

Answer 47

Both sides attempt to have the judge dismiss/rule on facts of the case established

Question 48

Judgement

Answer 48

- burden of proof | - compensatory v. Punitive damage

Question 49

Compensatory damage

Answer 49

Damages for realized expenses (doctors bill etc)

Question 50

Punitive damage

Answer 50

Damages to punish defendant for wrongdoing